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HomeMy WebLinkAbout04-0330Register of Wills of Cumberland County, Pennsylvania Estate of also known as PETITION FOR GRANT OF LETTERS THOMAS H. SEMMEL No~/--~)~- ~'~--.-) THOMAS HENRY SEMMEL SALLY A. JONES and JOHN T. SEMMEL Deceased Social Security No. 183-18-0894 (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s} ~s/are the executors named in the Last Will of the Decedent, dated MAY 25, 1999 (EVELYN M. SEMMEL RENOUNCED HER RIGHT TO SERVE AS EXECUTRIX} codicil(s) dated N/A and Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/he: last family or principal residence at MESSIAH VILLAGE, 854 OAK OVAL, MECHANICSBURG, UPPER ALLEN TOWNSHIP, PA 17055-8409 Decedent, then 83 years of age, died JANUARY 29, 20 04 , at HOLY SPIRIT HOSPITAL, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA ILocation} Decedent at death owned property with estimated values as follows: (if domiciled in PA) All personal property ................................................................ $ 45.000 (If not domiciled in PA) Personal property in Pennsylvania ............................................... $ N/A (If not domiciled in PA) Personal property in County ....................................................... $ N/A Value of real estate in Pennsylvania ................................................................................................... $ Total ................................................................................................................................ $ 45,0OO Real Estate situated as follows: Wherefore, Petitioner{s) respectfully request(s) the probate of the last Will and Codici[(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typed or printed name and residence SALLY A. JONES 13 DEVONSHIRE SQUARE, MECHANICSBURG, PA 17050 JOHN T. SEMMEL 870 CLUBHOUSE ROAD, YORK, PA 1~403-4404 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed.and sub$cnl~.ed before me this .day. 6f - ~ 2004 JOJ~ T. SEMMEL Estate of THOMAS H. SEMMEL Deceased Social Security No: 183-18-0894 Date of Death: JANUARY 29, 2004 AND NOW, ,20 04 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [] Testamentary [] of Administration are hereby granted to SALLY A. JONES and JOHN T. SEMMEL ::z: in the above estate and that the instrument(s) dated MAY 25, 1999 described in the Petition be admitted to probate and filed of record as ~'~last~Will FEES ~:~-- Letters ........................... $ .,~/'),~::~ Short Certificate(s) Renunciation .................. Affidavit ( ) ................. Extra Pages ( ) ............ Codicil .......................... JCP Fee ........................ Inventory ....................... Other ............................ TOTAL ................ $/~, ~0 Attorney: ELIZABETH P. MULLAUGH I.D. No: 76397 Address: McNees, Wallace & Nurick, PO Box 1166 Harrisburg, PA 17108-1166 Telephone: {717) 237-5243 Register of Wills of Cumberland County, Pennsylvania RENUNCIATION Estate of THOMAS H. SEMMEL also known as /'~'"~,~',~,~zJ~ NO. , Deceased. The undersigned, EVELYN M. SEMMEL, WIFE of the above Decedent, (Relationship) (Capacity) hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters . fI'ESTAMENTARY be issued to SALLY A. JONES and JOHN T. SEMMEL. Witness ~hand this day of/-~Z/TC_z~'f . 20__04. EVELYN~VI. SEMMEL MESSIAH VILLAGE 854 OAK OVAL MECHANICSBURG, PA 17055-8409 Sworn to or affirmed and subscribed before me this ~ ~-'~-~ day of (Signature and seal of Nota~ or ether official qualified to administer oaths. Show date of expiration of Nota~'s commission.) ~01[: Roaunciations oxocut~d outsido tho Offico of Reflister o[ Wills aro roquirod {A514560:} Form RW-4 (Cumberland County - Rev. 9~92) LAST WILL AND TESTAMENT OF THOMAS H. SEMMEL I, THOMAS H. SEMMEL, of Upper Allen Township, Cumberland, County, Pennsylvania, m[ake this Will, hereby revoking all my former Wills and Codicils. ARTICLE ON E T.A2,1G1BLE PERSONAL PROPERTY § 1.1 I, bequeath all aty tangible personal property, inclndi~g by way of illustration but not by wa).' of limitation, ar5, household t~urniture and P~'rmahings:. pair, tings, books, auto~nobiles,' jewelry a~d personal effects, extrusive of any such property used in a trade or business, to my wife, EYELY[~ M. SEMMEL ("My Wife"), if she survives me. if My Wife does not survive me, ,~ 'i'~equeath Isuch assets to my children living at my death to be divided among them id as :, c,.l. .:'. '? equa,' shares as they agree. In the evenl of in'econcilable disag~-eement among my children, they shall take alternate ~ums selecting individual itera:; with :ny oldest child making the ilrst selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my re.,iduary estate. ofinsura~ce on such prope~y ITo [he extent practicable in the Executor's sole discretion, I bequeath any policies to the beneficiary entitled to such property. ' {} 1.3 direct that the expenses of storing, packing, sbipping, insuring and delivering any such properly to the beneficiary entitled thereto shall be paid by the Executor as an · administrative xpense ofmyestate. ARTICLE TWO RESIDUE ~-. ', ' accordauce with § 2.1 I~ devise and bequeath all the.residue of my estate to the then serving trustee of .... The Thomas H. Semmel Revocable Trust created under Agreement dat,,d as of even date :herewith, by myself, as Settlor, and myself, as Trustee, as the.same may have been or may be . ,;'further.amended'or. restated prior to my 'death ("My Revocable Trust'?),.to be distributed in I th~ terms of said trust agreement, or if said trust.agreement is not in effect at the '~-'.~ ,. time of my dea~ · f~ '" last publication §3.1 continue to act Danghter"), an Daughter or M whatsoever, th6 va!ancy h, in accordance wilh the terms specified therein on the date of this Will or of its by Codicil or otherwise~ ARTICLE THREE APPOINTMENT OF FIDUCIARIES [ apPoint My Wife as Executrix of this Will. If she is unable or unwilling to act or foriany reason whatsoever, I appoint my daughter, SALLY A. JONES ("My my son, JOHN T. SEMMEL ("My Son"), as Co-Executors. If either My So~n shall be unable or unwilling to act or continue to act, for any reason shall not be filled and the other then serving Co-Executor shall serve as sole Executor. All references herein to the "Executor" shall mean my originally appointed -2- Executrix, my successor Co-Executors or the sole serving successor Executor or Executrix, as the case may be § 3.2 Will, includi~ tplc oint My Wife as Guardian of the estates of any minor beneficiaries.under this le proceeds-of any life'insurance on my life payable to such minors'and any property; 'ighls or. claims.with respect:to which I am entitled.to.appoint a guardian other and have / not otherwise specifically done so. The Guardian shall have full authority to use such assets, ot pnnclpa an income, in any manner the Guardian shall deem advisable for the best interests lnlclu~ln colle e and. · . of the minor, ' ' g g graduate education, and professional, vocational or technical , < training,.without.securing a:co'artiorder... If M/Wife is.unable or unwilling to act or continue to : act, for_any rea!on ~ ..atsoever. I appoint the then selwSng Trustee of my Revocable Trust as such Guardian. ARTICLE FOUR POWERS OF FIDUCIARIES §4.1 the faithful pe~ § 4.2 law: ~No fiduciary under this Will shall be required to give bond or othe~ security for- for?nl ance of the fiduciary's duties. y such fiduciary shall have the following powers, in addition to those given by 4,2 I To invest in, accept and retain any real or personal property, includi stock of a corporate fiduciary or its holding company, without restriction to legal investments; -3- 4.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or w~thout security; [ ' § 4.2.3~. To borrow money.from any person including any fiduciary acting h6reu~nder, and to mortgage or pledge any real or personal property; 1424 ' § . ~. To hold shares of stock or other securities'in nominee registration form, including that of a~clearing corporation or depository, or in book entry.form or unregistered or in such other form as ~vill pass by delivery; § 4.2.5 To engage in litigation and compromise, arbitrate or abandon. claims; § 4.2.6 To make distributions in cash, or in kind at current values, or partly ~n each, allocating specific assets to parttcular distributees on a non-pro rata basis, a~d four such purposes to make reasonable determinations of current values; · ' ' ' § 4:2:7~ '.To-make elecfions;'decisions, concessions'and settlements in connection ~ ' ' w~th all tncome, estate, inheritartce, gift or other tax returns'and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; § 4.2.8 To join with My Wife or her personal representative in the filing of a lo~nt ~ncome tax return for any period for which such a return may be pexm~tted, w~thout requmng her or her estate to mdemmfy my estate against hab~hty for thee tax attributable to her income, and to consent, for federal gift tax purposes, to hawng gifts made by My W~fe durtng my lifetime treated as having been made half by me; § 4.2.9 To allocate, in the Execator's sole and absolute discretion, any to which I did not make an allocation prior to my death; § 4.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; and 4.¢. 11 To file the appropriate election in accordance with Section 2056(b)(7)(~B)(v) of the lntemal Revenue Code Io designate whatever portion of the assets c,ompos~ng my federal gross estate that the Executor, ~n the Executor's sole d~scret~on, determines should quahfv for the mar tal deduction In making thts determination, the Executor ~s d~rected to consider the present and projected -4- ~nte.,~est..wxth re principal or pm in thd';absolute financial requirements of My Wife, the expected period of survivorship of My W~fe and, the assets that have passed to My Wife other than under the prows~ons of this Will. ARTICLE FIVE PROVISION FOR TAXES §5.1' /Ill e ~t,hte taxes, inheritance~taxes, transfer taxes and other taxesof a similar aEnX~:'~ °} :2iPiennC2l ~ tehs :~Pa~ ~2: ~2:YoP~.~: n°sf ~MA~ :i~ jcl21: f~hmi2tW~:l II ~ect to any such taxes shall be paid by the Executor out of the income or ] .. ut of the income and '~artly out 0f the principal of such portion of my estate, 'etion of the Executor. My Executor shall not make apportionment among or seek*i:eimburse~nen: fi'om the beneficimies, recipients or owners of such property for any such t axes, penalties or i ~terest, except as provided in My Revocable Trust. Notwithstanding any provision of this ga tilcle to the contrary, the Executor shall not pay. any such taxes, penalties or interest attrlbutl el I t! · ' a e o any property included in my estate solely because of a power of appointlnent thlereo[v[er which I possess but have not exercised or any qualified terminable interest property. ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES §6.1 funeral and burial - principal.of tha: that any of my legally enforceable debts, any expenses of my last illness, !nlan oftheadmlnlstratlveex ensesofm es y ' ' ' p . y tate, shall.be paid from the rti!n of my estate disposed of by Article Two of this Will ARTICLE SEVEN BUSINESS INTERESTS § 7.1 . In t? :vent any business interest should be an asset of my estate, whether the :' same'involves 0 [ rgp.rietary interest, a partnership interest or stock in a closely held corporation, wh' ' rw I II ~ ethe holly, o ~,ned, controlled by me or owned in substantial part by me, 1 authorize the Exedutor, subject t9 t~e terms of any agreement I may have made for'the sale of my interests to / continue said business until such time as the Executor shall deem it advisable to sell, to liquidate or to 'q~stnbu tthI ]~ , . · ' teI e iame in Kind. With respect to any sale or exchange of the stock of any such usiness interest' and' in the absence of any such agreement entered into by me prior to my death, I b / direct the Execlutoi to~ consider and to determine the appropriateness ora sale or redemption of . ht · suc s OCK in acco tnce with Section 303 of the Internal Revenue Code to the business entity and a possible ~efe ~1 of federal estate tax payments under Section 6166 of the Internal Revenue Code· It is m desl : that to the extent possible any business interest which I may own at the ! time of my d{ th ble :ontinued or disposed of only in an orderly manner so as to maximize the proceeds of any di~, )sition. If an election under the foregoing provisions will effect such desire, the Executor is en~opraged to pursue such election if the Executor deems such election also to be /l in the best inte 'ests of my estate and the beneficiaries thereofi The Executor shall have all rights and owersinclon } [ p nec~ power at any tim~e a .... going.concern, !o f¢ reincorporate a~[d tr · .. advisable for th!-be!l · :.;~:. of any order of!ou~i uslness except wnen sucn ion with such business as I had when living, including specifically the ~d from time to time to operate or to join in the operation of the same as a a or to reform a general or'limited partnership, to incorporate or to quidate or to sell the same or any part thereof as the Executor deems it interests of my estate and of the beneficiaries thereof without the necessity md without any liability for loss resulting from the operation of said loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS ....,, §8.1 ts · Rev~hue Code of 1986, as subsequent laWl. § 8.2 IfM which of us su~ivefdI :1 in this Will, the term "Internal Revenue Code". shall mean the Internal amended from time to time, or the corresponding provision of Wife and I die under such circumstances that it is impossible to determine it shall be conclusively presumed and this Will shall be construed as if My -7- I e aa survived m,e. If any person, other than My Wife, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be c >nstlruled as if such person had predeceased me. § 8.3 An nuividual fiduciary shall be entitled to receive reasonable compensation for II. such fiduciary' s services hereunder. § 8.4 :~eyer a fiduciary is d rected to distribute property to or for the benefit of any /! w n ne 21 ar fa e or b ale ald~sa ~1 beneficiarywh under(a) t e ty~o ( )ye so g , ( ) g ' b'ityorotherwise I/ suffers from an: llnels~ or mental or physical disability that would make distribution directly to . such benefic~ary~ ~nappropnate (as determined ~n such fiduciary s sole d~scret~on exerctsed ~n .good faith), the ~duiilry may distribute such property to the person who.has custody of such] ..- beneficiary, ma3 apply such property for the benefit of such beneficiary, may distribute such // property to acm todlaln for such beneficiary, whether then serving or selected and appointed by the fiduciary (in: .... · estate, may dis' butg:~uch property'directly to such beneficiary s estate, or may distribute such Fhis provision ~hall not in any way operate to suspend such beneficiary s absolute ownership of I tth ' '1 t such property ot to i ~reven e at, so u e vesting thereof in such beneficiary. WI,TNESS WHEREOF, I have hereunto set my hand and seal this 25th day of May, 1999· Thomas H. Semmel Signed, ealed~, published and declared by the above named THOMAS It. SEMMEL as and for his last Will, i? the presence of us and each of us, who, at his request and in his presence and in the prese[~ce bf each other,-have hereunto subscribed our names as witnesses thereto the day and year la~, abov~e written. Residing at. -9- COMMONWE~ tLTH' OF PENNSYLVANIA I SS. COUNTY OF AUPHIN )M~S It. SEMMEL, the testator, and ~,~~ ~, ¢ '~ll ~ ~a~d (~)~.l~. (.0. ~.~ ~o~ ..... ;thewitnesses, whose last Will; that e testator si~ed willingly and executed it as his free ~d voluntaw act for the p~oses therein expressed; that each sub.cfibing witness in the he~ng and si~t of the testator si~ed the Will as a.witness ~d that to the best of his or her ~owledge the testator was at that / time 18 ye~s o'age ~r older, of sound mind ~d under no constraint or undue influence. Thoma~ H~ ', l~el / , >ed, sworn to ~d acknowledeed before me by Thomas H Semmel, ........ the testator, ~0 sworn to before me by ~~~ , F itnesses, this ~ 199~ t ~ ' t .... We, Tt ...... .. names are sigm · :;:, .~ declare to.the'u: Subscri and subscribed (SEAL) My Commission Expires: INotadal Sear I glrnl3ert¥ A. Crostley, Notary I=ubll¢ Hamaburg, Dauphin Cou~qt My Commission Expires Jan. 4, 2001 MemBer Pennsylvania Association of Notarlas -10- Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 07/01/2004 MULLAUGH ELIZABETH P 30 NORTH THIRD STREET 8TH FLOOR HJIRRISBURG, PA 17101 RE: Estate of SEMMEL THOMAS H File Number: 2004-00330 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 07/16/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Personal Representative(s) Judge Sincerely, Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 07/01/2004 JONES SALLY A 13 DEVONSHIRE ROAD MECHANICSBURG, PA 17050 RE: Estate of SEMMEL THOMAS H File Number: 2004-00330 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 07/16/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Counsel Judge Sincerely, Clerk o[At~eERoSr~anSsB,AUcGoHurt Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 07/01/2004 SEMMEL JOHN T 870 CLUBHOUSE ROAD YORK, PA 17403-4404 RE: Estate of SEMMEL THOMAS H File Number: 2004-00330 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 07/16/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Counsel Judge Sincerely, GLENDA FARNER S~ Clerk of the Orphans' Court CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: THOMAS H. SEMMEL Date of Death: January 29, 2004 Will No.: 2004-00330 To the Register: Admin. No.: I certify that the Notice of Estate Administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following heirs and beneficiaries of the above-captioned estate on July 15, 2004. Evelyn M. Semmel Messiah Village 854 Oak Oval Mechanicsburg, PA 17055 John T. Semmel 870 Clubhouse Road York, PA 17043 Sally A. Jones 13 Devonshire Square Mechanicsburg, PA 17050 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except N/A. Date: July 15, 2004 McNEES WALLACE & N~RICK LLC -~'~ 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5243 Counsel for personal representative {A277075:} i . : \ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 N..A.p.1) REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIAL USE ONLY REV-1500EX(6-00) FilE NUMBER 21 20~ ---933CL __ YEAR NUMBER COUNTY CODE .... Z W C W o W C DECEDENl'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Semmel, Thomas H. DATE OF DEATH (MM-DD-YEAR) 01/29/200~ 04/12/1920 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Semmel, Evelyn M. [Xl 1, Original Retum D 4. Limited Estate 00 6. Decedent Died Testate {Attach copy of Vv111} D 9. Litigation ProceecIs Received DATE OF BIRTH (MM-OO-YEAR) SOCIAL SECURITY NUMBER 183-18-0894 TIiIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER i!! ::.::::!;cn 0"'" wo.o ,,00 oll:aj 0. .. D 2. Supplemental Retum D 3. Remainder Return {date of death prior to 12-13-e2} D 4a. Future Interest Compromise (date of death after 12.12-82) D 5. Federal Estate Tax Retum Required 00 7. Decedent Maintained a Li'v'ing Trust (Attach copy of Trust) ~ 6. Total Number of Safe Deposit Boxes D 10. Spousal PowrtyCredit (dale of dealh between 12_31.91 ard 1-1-95) D 11. Election to tax under Sec. 9113(A)(AlIachscnol 0- Z W o Z o .. ~ 8 THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULO BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Elizabeth P. Mullaugh FIRM NAME (If Applicable) McNees Wallace & Nurick LLC TELEPHONE NUMBER 717-237-5243 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 0.00 45,000.00 0.00 0.00 131.50 0.00 ,oFFICIAL USE,ONL Y ,. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule 0) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) Z 6. Jointly Owned Property (Schedule F) (6) 0 D Separate Billing Requested j:: :5 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) ::::l (Schedule G or L) .... ii: 6. Total Gron Assets (total Lines 1-7) <( 0 W 9. funeral Expenses & Administrative Costs (Schedule H) (9) ~ 10. Debts of Decedent, Mortgage Liabilities, & Liens (Sd1edule I) (10) 11. Total Deductions (total Lines 9 & 10) \.d ,I \...".'1 0.00 45,131.50 (8) 19,423.63 519.55 (13) 19,943.18 25,188.32 25,188.32 (11) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental BequestsfSec 9113 Trusts for which an election to tax has not been made (Schedule J) (12) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 0.00 z rate, or transfers under Sec. 9116 (a)(1 ,2) 0 ;::: 16. Amount of Line 14 taxable at lineal rate 0.00 .. I- :0 0.00 0. 17. Amount of Line 14 taxable at sibling rate ,. 0 0.00 0 18. Amount of Une 14 taxable at collateral rate >< .. 19. Tax Due I- (14) 0.00 (19) 0.00 0.00 0.00 0.00 0.00 x.OO_(15) x .045-- (16) x .12 (17) x .15 (16) 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 2W46451_000 v- Decetlent's ComDlete Address: S1REET ADDRESS Messiah, Village 854 Oak OVal CITY I STATE 1'"P Mechanicsbura PA 17055-8409 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 0.00 0.00 0.00 3. InteresUPenalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) 0.00 0.00 0.00 Totallnterest/Pena~y (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (SA) 0.00 B. Enter the total of Line 5 + SA. (5B) 0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS No [Xl [Xl [Xl [Xl [Xl [Xl contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D [Z] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEOULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying scl1edulea lInd statements, and to the best of my knowledge and belief, il is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. OF PERSON RESPO ISLE FOR FILING RETURN 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . b. retain the right to designate who shall use the property transferred or its income; . c. retain a reversionary interest; or ................... . . . . . d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which Yes o o o o o o .J"o rllllT . $EM II\El.- ('C ~ec..> roe. SIG ADD E For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. S 9916 (0) (1.1)(i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0"10 [72 P.S. 9 9116 (a) (1.1) (ii)} The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the SUrviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. 9 9116{a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. S 9116(1.2) [72 P.S, 99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. S 9116(a){1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 2W46461000 Deceilent's Complete Address: SlREET ADDRESS Messiah> Village 654 Oak OVal CITY I STATE I ZIP Mechanicsbura PA 17055-6409 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 0.00 0.00 0.00 3. InteresVPenalty if applicable D. Interest E. Penalty Total Credits (A + 8 + C) (2) 0.00 0.00 0.00 TotallnteresVPenalty (D + E) (3) 0.00 4. If Line 2 Is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) 0.00 8. Enter the total of Line 5 + 5A. (58) 0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS No [X] [X] [X] [X] [X] [X] contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D [Z] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEOULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury. I declare thai I have examined this return, Including accompanying schedules and statements, and to the besl of my knowledge and belief, it is true, correct and complete Declaration of prepare, other than the personal representaliye is based on all information of which preparer has any knowledge SIGNAlURE OF PERSON RESPONSIBLE FOR FILING RETURN 1- ~1.~! fg- :i"u~) AOOR r evo qua Mechanicsburg, PA 17050-6877 SIGNATURE OF PREPA ESENTATlVE 1. Did decedent make a transfer and: a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . b. retain the right to designate who shall use the property transferred or its income; . c. retain a reversionary interest; or ........................ d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 2. If death occurred after December 12, 1962, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Old decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non.probate property which Yes o o o o D D DATE CSAU-,/ A ..l'QIJE.S, (D-tjc;8.\IfaR..) ,..)-f()-aS- ree DA A 2 6~ Harrisbu 6 1166 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% (72 P.S. ~ 9S16 (a) (1.1)(;11. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. ~ 9116 (a) (1.1) (ii)] The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. ~ 9116(a)(1.2)J. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~ 9116(1.2) [72 P.S. ~ 9116(a)(1)J. The tax rate imposed on the net value aftranstersto or for the use of the decedent's siblings is 12% (72 P.S. ~ 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 2W4646,.OOO Estate of: Thomas H. Semmel Co-Executor John T. Semmel 870 Clubhouse Road York, PA 17403-4404 Sally A. Jones 13 Devonshire Square Mechanicsburg, PA 17050-6877 183-18-0894 REV-1503j:X + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE B STOCKS & BONDS Semmel, Thomas H. FILE NUMBER 21-2004-0330 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER CESCRIPllON 1.200 shares Neffs Bancorp Inc. (NYSE: NEFB.PK) @ $225/share VALUE AT DATE OF DEATH 45,000.00 2W46963_000 TOTAL (Also enter on line 2, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 45,000.00 REV-1508 EX+ (1-97) COMMONVVEALTH OF PENNSYLVANIA I~ERlTANCETAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Semmel, Thomas H. FILE NUMBER 21-2004-0330 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jolntJy-owned with the right ofsurvlvol'8hlp must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION 1. Distribution received from the Bethlehem Trust VALUE AT DATE OF DEATH Steel Liquidating 131.50 2W46AD2.000 TOTAL (Also enter on line 5 Recaoitulationl $ (If more space is needed, insert additional sheets of the same size) 131.50 REV.1511 eX+(1-97) . COMMOt-MiEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Semmel, Thomas H. SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER 21-2004-0330 Debts of decedent must be renorted on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Workinger-Semmel Funeral Home & Crematorium, Inc. 7,359.21 2 Funeral flowers 368.30 3 Fairview Cemetary 925.00 4 Obituary notices (Harrisburg Patriot News, Easton 1,156.14 Express Times & York Newspapers) 5 Funeral expenses related to church (sexton, organist, 815.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions 0.00 Name of Personal Representative(s) Social Security Number(s) I EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. Attorney Fees Name: McNees Wallace & Nurick LLC 2,500.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3,500.00 Claimant See Schedule attached Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 0.00 5. Accountant's Fees Name: 200.00 6. Tax Return Preparer's Fees 0.00 7. Cumberland County Register of Wills: 165.00 Probate - $80.00 Renunciation - $5.00 Will - $27.00 JCP Fee - $10.00 Short Certificates - $18.00 Inventory - $25.00 8 Death certificates 40.00 Tota~ from cont1nuat1on pages.... "',,j~~.~~ TOTAL (Also enter on line 9, Recapitulation) $ 19,423.63 2W46AG2.000 (If more space is needed, insert additional sheets of same size) Es~ate of: Semmel, Thomas H. Schedule H, Part A -- Funeral Expenses Item No. Description church donation) 6 Pastor donation 7 Funeral meals (after viewing and after funeral) TOTAL. (Carry forward to main schedule) Page 2 21-2004-0330 Amount 150.00 1,643.82 1,793.82 Estate of: Semmel, Thomas H. Schedule H, Part B -- Administrative Costs Item No. Description 9 Co-executor expenses (long distance, postage, travel & lodging) TOTAL. (Carry forward to main schedule) . . . . Page 2 21-2004-0330 Amount 601.16 601.16 Estate of: Semmel, Thomas H. Schedule H, Part B -- Family Exemption Item No. Description 1 'Claimant: Semmel, Evelyn M. Address: Messiah Village 854 Oak Oval Mechanicsburg, PA 17055-8409 Relationship: Spouse TOTAL. (Carry forward to main schedule) Page 2 21-2004-0330 Amount 3,500.00 3,500.00 REV-1512 EX+ (1-97) COMMONINEAL lH OF PENNSYLVANIA IJ\I-lERITANCETAX RETURN RESIDENT DECEDENT ESTATE OF Semmel, Thomas H. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 21-2004-0330 Include unreimbursed medical eXDenses. ITEM NUMBER 1. K.H. Won, M.D. DESCRIP-nON AMOUNT 78.70 2 Moffitt Heart & Vascular Group 93.95 3 Holy Spirit Hospital 200.00 4 Internists of Central PA 5.90 5 Veterans Affairs - prescription drugs 141.00 2W46AH2,OOO TOTAL (Also enter on line 10, Recapitulation\ $ (If more space is needed, insert additional sheets of the same size) 519.55 REV.1513 EX+ (9-00) COMMOrwvEALTH OF PENNSYLVANIA INHERITANCE TAX RElURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES Semmel Thomas H. FILE NUMBER 2l-2n04 0330 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) NUMBER I. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. AMOUNT OR SHARE OF ESTATE ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS, A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. Unified Credit Trust f/b/o Evelyn M. Semmel created under the Thomas H. Semmel Revocable Trust dated May 25, 1999 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 2W46AI1.000 (If more space is needed, Insert additional sheets of the same size) 25,188.32 $ 25,188.32 ESTATE OF THOMAS H. SEMMEL PENNSYLVANIA INHERTANCE TAX RETURN RESIDENT DECEDENT TABLE OF CONTENTS (EXHIBITS) A. Miscellaneous Documents - 1. Copy - Letters Testamentary issued by Cumberland County Register of Wills to John T. Semmel and Sally A. Jones, and a copy of decedent's will dated May 25, 1999 2. Copy of decedent's Revocable Trust dated May 25, 1999 {A624489:} '." () () ,. LAST WILL AND TEST AMENT OF THOMAS H. SEMMEL I, THOMAS H. SEMMEL, of Upper Allen Township, Cumberland, County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE T A...\!GffiLE PERSONAL PROPERTY ~ 1.\ 1 bequeath all my tangible personal property, including by way of illustration but not by way of limitatiun, my household furniture and furnishings, paintings, books, automcbiles, jewelry and personal effects, exclusive of any such property IlSed in a trade or business, to my wife, EVELYN M. SEMMEL ("My Wife"), ifshe survives me. If My Wife does not survive me, I hequeath such assets to my children living at my death to be divided among them in as nearly equal shares as they agree. In the event cf irreconcilable disagTeement among my children, they shall take alternate rums selecting individual item, with my oldest child making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. S 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to su~h property. Do<: #2031 30 . " (') n S 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shaU be paid by the Executor as an administrative expense of my estate, ARTICLE TWO RESIDUE S 2.1 I devise and bequeath aU the residue of my estate to the then serving trustee of "The Thomas H. Semmel Revocable Trust" created under Agreement dated as of even date herewith, by myself, as Settlor, and myself, as Trustee, as the same may have been or may be further amended or restated prior to my death ("My Revocable Trust"), to be distributed in accord mIce with the terms of said trust agreement, or if said trust agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date ofthi; Will or of its last publication by Cr)dicil or othenvise. ARTICLE THREE APPOINTMENT OF FIDUCIARIES S 3.1 I appoint My Wife as Executrix of this Will. If she is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my daughter, SALLY A. JONES ("My Daughter"). and my SOli, JOHN T. SEMMEL ("My Son"), as Co-Executors. If either My Daughter or My Son shaU be unable or unwilling to act or continue to act, for any reason whatsoever, the vacancy shaU not be fiUed and the other then serving Co-Executor shaU serve as sole Executor. AU references herein to the "Executor" shaU mean my OIiginaUy appointed -2- i. () n .' Executrix, my successor Co-Executors or the sole serving successor Executor or Executrix, as the case may be. ~ 3.2 I appoint My Wife as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to us~ such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. If My Wife is unable or unwilling to aGt or continue to act, for any reason whatsoever, I appoint the then serving Trustee of my Revocable Trust as such Guardian. ARTICLE FOUR POWERS OF FIDUCIARIES ~ 4.1 No fiduciary under this Will shall be required to give bond or othe! security for the faithful performance of the fiduciary's duties. ~ 4.2 Any such fiduciary shall have the following powers, in addition to those given by law: S 4.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; -3- . . (j n 94.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; 9 4.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; 94.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as wilI pass by delivery; 9 4.2.5 To engage in litigation and compromise, arbitrate or abandon claims; 9 4.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; S 4.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inhentance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; 9 4.2.8 To join with My Wife or her personal representative in the filing of a joint income tax return for any period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent, for federal gift tax purposes, to having gifts made by My Wife during my lifetime treated as having been made half by me; 9 4.2.9 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code (which statutory exemption is presently $1,000,000), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; 94.2.10 To disclaim any interest I may have in any estate ifthe Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; and 9 4.2.11 To file the appropriate election in accordance with Section 2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever portion of the assets composing my federal gross estate that the Executor, in the Executor's sole discretion, determines should qualify for the marital deduction. In making this determination, the Executor is directed to consider the present and projected -4- n () financial requirements of My Wife, the expected period of survivorship of My Wife and the assets that have passed to My Wife other than under the provisions of this Will. ARTICLE FIVE PROVISION FOR TAXES ~ 5. I All estate taxes, inheritance taxes, transfer taxes and oth.:r taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any p.:nalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two ofthis Will and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. All interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absQlute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such. taxes, penalties or interest, except as provided in My Revocable Trust. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property. -5- () () ., ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES ~ 6. I I direct that any of my legaIJy enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate, shalJ be paid from the principal of that portion of my estate disposed of by Article Two of this WiIJ. ARTICLE SEVEN BUSINESS INTERESTS ~ 7.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation, whether wholJy owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shalJ deem it advisable to seIJ, to liquidate or to distribute the same in kind. With respect to any sale or exchange ofthe stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the Executor to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 ofthe Internal Revenue Code. It is my desire that to the extent possible any business interest which I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the beneficiaries thereof. The Executor shalJ have all rights -6- , . (j (j and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS ~ 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Interna:! R'~venue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. ~ 8.2 If My Wife and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if My Wife had survived me. If any person, other than My Wife, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. ~ 8.3 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. -7- ... ~--'"~._-',~ .- , .() .. . . .. o ", . ... . ... S 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as detennined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Unifonn Transfers to Minors Act or Unifonn Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore desl'ribed in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 25th day of May, 1999. ~"'fX} 7J~L(SEAL) Thomas H. Semmel ,8- , ^. '. '^' (j n - ,... - ~~ ~ .. _. - Signed, sealed, published and declared by the above named THOMAS H. SEMMEL as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. lilt / ~$ -Residing at 2 (~ (~ Sr- 7/1- 1 I~""I~ -P#- {"h..,C,____ -9- r'r' C) n - - ~~ ,...."-- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN W~' THOMAS H. SEMMEL, the testator, and r~JIt?U ~~ . d~U~, the witnesses, whose names are signed to the attached or foregoing ~nst~ment, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence. ---- -- ~- Thomas H: Semmel h)j/l- , Subscribed, sworn to and acknowled d ~ubscribed anfl. sworn to before m::y . 25th y of May, 1999. ed before me y Thomas ~. Semmel, the testator, , witnesses, this {l ~i} P'F- (SEAL) My Commission Expires: Notarla' Seal Kimberly A. Crostley, Notary Public Harrisburg, Osuphln County My Commission Expires Jan. 4, 2001 M,mber Pennsylvania Association of Notaries -10- ) '. . . " ~-...,---"~~ REVOCABLE TRUST AGREEMENT THE THOMAS H. SEMMEL REVOCABLE TRUST THIS AGREEMENT is made and entered into this 25th day of May, 1999, by and between THOMAS H. SEMMEL, of Upper Allen Township, Cumberland County, Pennsylvania, as Settlor (the "Settlor"), and the said THOMAS H. SEMMEL, as Trustee (the "Trustee"). WI TNE S SETH: WHEREAS, the Settlor may be desirous in the future of placing the active management and control of certain property in the hands of the Trustee. NOW, THEREFORE, for and in consideration of their mutual covenants and promises, the Settlor and Trustee agree as follows: ARTICLE ONE TRUST ASSETS 91,1 The Settlor, or any other party or person, may from time to time make policies of insurance on the Settlor's life, individual retirement account benefits, and/or qualified or non- qualified retirement plan benefits payable to the Trustee, or may transfer assets to the Trustee, subject to the terms ofthis Agreement, by inter vivos grant or by Will. The trust assets shall include the proceeds of all insurance policies payable to the Trustee and all such other benefits or Doc #203133 .' , () n added assets (collectively the "Trust Assets"), which shall be held, administered, distributed and governed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this instrument and any amendments hereto. ARTICLE TWO DURING THE SETTLOR'S LIFETIME g2.1 During the Settlor's lifetime, the Trustee shall have, hold, manage, invest and reinvest the Trust Assets, collect the income, and g2.1.1 The Trustee shall payor apply the entire net income as the Settlor may from time to time direct in writing. The Trustee shall also pay to the Settlor such sums from or portions ofthe principal of the trust as the Settlor may from time to time request in writing delivered to the Trustee during the Settlor's lifetime. g2.1.2 The Trustee shall pay and use such portion or all of the income and principal of the Trust Assets as the Trustee, in the Trustee's sole discretion, shall deem necessary from time to time to provide for the proper maintenance, support, medical, hospital, nursing or nursing home care of the Settlor and of the Settlor's wife, EVELYN M. SEMMEL (the "Settlor's Wife"). ARTICLE THREE UPON THE SETTLOR'S DEATH g3.1 Upon the death ofthe Settlor, the Trustee shall divide and distribute the balance of the Trust Assets as follows: g3.1.1 Ifthe Settlor's Wife survives the Settlor, the Trustee shall retain in trust an amount equal to the value of the balance of the Trust Assets (determined on the basis of the values finally determined for federal estate tax purposes), reduced by an amount, if any, needed to increase the Settlor's taxable estate so that the federal estate tax as finally determined -2- '~.1 .' , . . t~) () (taking into consideration adjusted taxable gifts) will equal the Settlor's unified credit, the credit for previously taxed property and the state death tax credit (to the extent that the use of said credit does not result in an increase in the state death taxes otherwise payable) available against such tax, assuming that an election were made to qualify all qualified terminable interest property, other than the trust provided for under Article Five of this Agreement, for the federal estate tax marital deduction whether or not such election is actually made. This trust may be composed of cash, of property in kind or partly of cash and partly of property in kind, shall be funded only with property which qualifies for the federal estate tax marital deduction in the Settlor's estate, valued at the date of distribution, and which, to the extent other property is available, shall not include property for which a foreign death tax credit is available. The Executor ofthe Settlor's estate shall have the right to elect on the federal estate tax return prepared on behalf of the Settlor's estate to have a portion or all of the property distributed pursuant to this g3.1.1 treated as qualified terminable interest property in order to qualify such portion or all of the property for the marital deduction for federal estate tax purposes, which election shall be binding and conclusive upon the Trustee. If the Settlor's Executor elects to have a portion or all of such assets so qualify, such elected assets may, at the discretion of the Trustee and so long as the election to qualify such assets for the federal estate tax marital deduction is not jeopardized, be held and administered by the Trustee as a separate trust estate with the balance, if any, of the assets which are governed by this g3.1.1 also held and administered as a separate trust estate or may be held and maintained by the Trustee with the non-elected assets as one trust estate. In either case, any such trust or trusts shall be held, administered and disposed of in accordance with the provisions of Article Four hereof (the "Marital Trust"). g3.I.2 The Trustee shall retain in trust such of the Trust Assets as shall not have been retained pursuant to the preceding g3.I.l, to be held, administered and disposed of in accordance with the provisions of Article Five hereof (the "Unified Credit Trust"). -3- _~LI""."'.() (j "..'~' ' . . - '.' ..".'~ " "'1)"'111'4 ARTICLE FOUR MARlT AL TRUST 94.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Marital Trust, collect the income and 94.1.1 The Trustee shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit ofthe Settlor's Wife. g4.1.2 The Trustee may also distribute to or for the benefit of the Settlor's Wife so much of the principal ofthe trust property as the Trustee shall from time to time deem necessary or proper for the health, maintenance and support of the Settlor's Wife, taking into account other available funds, including her individual assets. g4.1.3 Upon the death of the Settlor's Wife, the Trustee shall pay to the Settlor's Wife's personal representative or directly to the taxing authority, such amount, if any, from the principal of the trust property, as her personal representative certifies as being the additional amount of estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature, and all interest and penalties with respect to any such taxes, attributable to the inclusion of the value of this trust in the Settlor's Wife's estate for such tax purposes. The Trustee shall thereafter distribute the balance of the trust property to the Settlor's then living issue, per stirpes, with any share allocable to a beneficiary then under the age of thirty-five (35) years being held in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Six hereof (the "Issue's Trust"). ARTICLE FIVE UNIFIED CREDIT TRUST g5.l The Trustee shall have, hold, manage, invest and reinvest the assets of the Unified Credit Trust, collect the income and -4- __(.1 "" () - . () ... ' ,.,.."., ---""'~ ~~...... ~.~..,~.. , . .. 95.1.1 During the life of the Settlor's Wife, ifshe shall survive him, the Trustee shall distribute the net income in quarter-annual installments, or more frequently if the Trustee deems it advisable, to or for the benefit ofthe Settlor's Wife. 95.1.2 The Trustee may also distribute to or for the benefit of the Settlor's Wife so much ofthe principal ofthe trust property as the Trustee shall from time to time deem necessary or proper for the health, maintenance and support ofthe Settlor's Wife, taking into account other available funds, including her individual assets; provided, however, that no such distribution shall be made until all assets held in trust under Article Four of this Trust are first expended or exhausted. 95.1.3 Upon the death of the survivor of the Settlor and the Settlor's Wife, the Trustee shall distribute the balance of the trust property to the Settlor's then living issue, per stirpes, with any share allocable to a beneficiary then under the age of thirty-five (35) years being held in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Six hereof (the "Issue's Trust"). ARTICLE SIX ISSUE'S TRUST 96.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Issue's Trust, collect the income and 96.1.1 While the beneficiary of the Issue's Trust (the "Beneficiary") is under twenty-one (21) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Issue's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. -5- 96.1.2 After the Beneficiary attains twenty-one (21) years of age, the Trustee shall distribute to or for the benefit ofthe Beneficiary the net income of the Issue's Trust in quarter-armual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. 96.1.3 At any time after the Beneficiary attains thirty (30) years of age, the Beneficiary may withdraw such sums as do not exceed one-half (112) of the market value ofthe principal of the Issue's Trust as constituted on the Beneficiary's thirtieth (30th) birthday, or on the later establishment of the Issue's Trust. 96.1.4 At any time after the Beneficiary attains thirty-five (35) years of age, the Beneficiary may withdraw any or all ofthe principal of the Issue's Trust. 96.1.5 Ifthe Beneficiary dies before the complete termination of his or her trust, the Trustee shall distribute the property then held in trust as follows: 96.1.5.1 If the Beneficiary's trust is a Non-GST Exempt Trust as defined in 9 8.2.15 herein, the Trustee shall distribute the property then held in trust for the Beneficiary to such persons or entities (including the Beneficiary's estate), in such amounts and upon such trusts, terms and conditions as the Beneficiary by his or her last Will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be divided into shares for the Beneficiary's issue then living, per stirpes, or ifnone, for the issue then living of the parent of the Beneficiary who was a descendant of the Settlor, per stirpes, or if none, for the Settlor's issue then living, per stirpes, and in all -6- circumstances held in continued trust in accordance with the provisions of this Article Six. S6.1.5.2 If the Beneficiary's trust is a GST Exempt Trust as defined in S 8.2.15 herein, the Trustee shall distribute the property then held in trust for the Beneficiary to such of my issue other than the Beneficiary in such amounts and upon such trusts, terms and conditions as the Beneficiary by his or her last Will may appoint by specific reference to this special power of appointment. Before exercising such special power of appointment, the Settlor requests that the Beneficiary seek counsel regarding the generation skipping transfer tax effects of such exercise. Any property not so appointed shall be divided into shares for the Beneficiary's then living issue, per stirpes, or if none, for the issue then living of the parent of the Beneficiary who was a descendant of the Settlor, per stirpes, or ifnone, for the Settlor's then living issue, per stirpes, and in all circumstances subject to being held in continued trust in accordance with the provisions ofthis Article Six. ARTICLE SEVEN APPOINTMENT OF FIDUCIARIES S 7.1 Upon the death, resignation or incapacity of the Settlor to act as Trustee hereunder as certified in writing by the Settlor's then personal attending physician, the Settlor appoints the Settlor's Wife, the Settlor's daughter, SALLY A. JONES (the "Settlor's Daughter"), and the Settlor's son, JOHN T. SEMMEL (the "Settlor's Son''), as successor Co-Trustees. If any of them shall be unable or unwilling to act or continue to act, for any reason whatsoever, the vacancy shall not be filled and the other then serving Co- Trustee(s) shall serve as successor Co- Trustees or as sole Trustee hereunder. -7- -- ) - ( ~7.2 The Co-Trustees shall act by majority vote. All references herein to the "Trustee" shall mean the originally appointed Trustee, the successor Co-Trustees or the sole serving successor Co- Trustee(s), as the case may be. ARTICLE EIGHT POWERS OF FIDUCIARIES ~8.1 No fiduciary under this Agreement shall be required to give bond or other security for the faithful performance of the fiduciary's duties. ~8.2 Any such fiduciary shall have the following powers, in addition to those given by law: ~8.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; provided, however, if any property that forms a part of the principal of the trust(s) established by Article Four ofthis Agreement is unproductive, the Settlor's Wife may at any time and from time to time by a written notice require the Trustee of said trust(s) holding such unproductive property either to make any or all of such property productive or to convert such property within a reasonable time after the Trustee receives such notice; ~8.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; ~8.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; ~8.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; -8- ~8.2.5 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; ~8.2.6 To terminate, following the death of the Settlor's Wife any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution ofthe then remaining trust property to the beneficiary then entitled to the income ofthe trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property, in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; ~8.2.7 If the Settlor's Executor does not make an election pursuant to Internal Revenue Code Section 2056(b )(7)(B)(v) with respect to all of the assets held in trust under Article Four hereof, the trust estate thereunder may be divided into separate trusts pursuant to the terms of the election and such division shall be based upon the fair market value ofthe assets comprising the trust at the time of the division; ~8.2.8 To allocate between the trusts established by Articles Four and Five of this Agreement any property that is not includible in the Settlor's estate for administration purposes, but which is paid directly to the Trustee and is not otherwise designated for a specific trust, in such shares as the Trustee deems appropriate; provided, however, any portion of such property that does not form a part of the Settlor's gross estate for federal estate tax purposes shall be allocated to the trust established by Article Five of this Agreement and shall not be used for the payment of death taxes, debts or administration expenses; ~8.2.9 To execute any agreement relating to the disposition or redemption of any business interest that may be a part of the trust estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation; -9- 98.2.10 To operate or arrange for the operation of any business interest held hereunder, and to join or become a party to, or to oppose, any reorganization, readjustment, foreclosure, merger, voting trust, dissolution, consolidation or exchange relating to any such business interest; 98.2.11 To engage in litigation and compromise, arbitrate or abandon claims; 98.2.12 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen; 98.2.13 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person thereby affected; 98.2.14 To merge, after the death of the Settlor, any trust created hereunder with any other trust or trusts created by the Settlor or the Settlor's Wife, under will or deed, if the terms of any such trust are then substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause any adverse estate, income or generation skipping transfer tax consequences; and 98.2.15 The Settlor's Executor is authorized to allocate any of the Settlor's exemption from federal generation-skipping transfer tax under Section 2631(a) of the Internal Revenue Code (the "Settlor's GST Exemption"), to any property as to which the Settlor is the transferor, including any property transferred by the Settlor during the Settlor's lifetime as to which the Settlor did not make an allocation prior to the Settlor's death, regardless of whether or not the property with respect to which an election or allocation is made is part of the Settlor's probate estate. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. The Trustee is directed to divide any trust created under this Will into two (2) or more separate trusts, if necessary, to segregate the portion or portions of the trust or trusts created hereunder over which the Settlor's GST Exemption has been -10- allocated (the "GST Exempt Trusts") from the portion or portions of the trust or trusts created hereunder over which the Settlor's GST Exemption has not been allocated (the "Non-GST Exempt Trusts"); provided, however, that any such separated trusts shall be held, administered and disposed of in accordance with the terms hereunder as identical trusts in all other respects, except as provided in ~ 6.1.5 above; ARTICLE NINE BUSINESS INTERESTS ~9.1 In the event any business interest should be a Trust Asset, whether the same involves a proprietary interest, a partnership interest or stock in a closely-held corporation, either wholly owned, controlled by the Trustee or owned in substantial part by the Trustee, the Trustee is authorized, subject to the terms of any agreement which the Settlor or the Trustee may have made for the sale of such interest, to continue said business until such time as the Trustee shall deem it advisable to sell, liquidate or distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by the Settlor or the Trustee, the Trustee is directed to consider and determine the appropriateness ofa sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is the Settlor's desire that, to the extent possible, any such business interest be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the Trustee is encouraged to pursue such election if it deems such election -11- also to be in the best interests of the trust(s) created hereunder and the beneficiaries thereof. The Trustee shall have all rights and powers in connection with such business as an owner thereof, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Trustee deems advisable for the best interests of the trust(s) created hereunder and the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business, except when such loss is the result of gross negligence or fraud on the part of the Trustee. ARTICLE TEN DUTIES AND RIGHTS WITH RESPECT TO POLICIES S 1 0.1 The Settlor and the Trustee shall have the following duties and rights with respect to all insurance policies payable to the Trustee (the "Policies"): S 1 0.1.1 The Trustee shall not be obligated to pay any premiums or assessments on any of the Policies and shall be under no obligation with respect to the Policies, except for safekeeping during the Settlor's lifetime and to the extent otherwise expressly agreed to herein. S 1 0.1.2 With respect to any of the Policies, the Settlorreserves to himself, during his ownership of said Policies and during his lifetime, all rights, payments, dividends, surrender values and benefits of any kind which may accrue on account of any ofthe Policies, and the right at any time to assign, pledge or use said Policies, or any of them, or to change the beneficiary thereof to borrow money thereon, or for any purpose, without the consent, approval or joinder of the Trustee or any beneficiary hereunder. It is the intent of the Settlor, with regard to said Policies, that -12- n this instrument shall be operative only with respect to the proceeds of such of the Policies as maybe due and payable to the Trustee at the time of the death of the Settlor or thereafter, after deduction of all charges against the Policies by reason of advances, loans, premiums, or otherwise; and the receipt of the Trustee for such proceeds shall release the insurance companies from liability on the Policies. ~ I 0.1.3 The Settlor agrees and directs that, upon his death, the proceeds of all Policies which are then subject to the terms of this instrument shall be paid in accordance with the directions then set forth in said Policies or the beneficiary designations then attached thereto. If the proceeds of said Policies are payable to the Trustee, the Trustee may institute any proceeding at law or in equity in order to enforce the payment thereof, and may do and perform any and all other acts and things which may be necessary, for the purpose of collecting any sums which may be due and payable under the terms of said Policies; it being distinctly understood, however, that the Trustee shall not, except at its option, enter into or maintain any litigation to enforce the payment of said Policies until it shall have been guaranteed indemnification by one or more of the beneficiaries of this instrument to its satisfaction against all expenses and liabilities to which it may, in its judgment, be subjected by any such action. The Trustee is authorized to compromise and adjust claims arising out of the Policies, or any ofthem, upon such terms and conditions as it may deem just, and the decision of the Trustee shall be binding and conclusive upon all parties interested therein. ARTICLE ELEVEN PROVISION FOR TAXES. DEBTS AND EXPENSES ~ll.l The Trustee may pay any of the Settlor's legally enforceable debts, any expenses of his last illness, funeral, burial and administrative expenses of his estate and estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason ofthe Settlor's death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, or any portion thereof, in the Trustee's sole -13- discretion, without reimbursement, out of the principal of that portion of Trust Assets disposed of by of Article Five hereof. ARTICLE TWELVE REVOCABILITY 912.1 The Settlor may, by instrument in writing delivered to the Trustee, modify, alter or revoke this instrument in whole or in part; provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. ARTICLE THIRTEEN MISCELLANEOUS PROVISIONS 913.1 As used in this Agreement, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. 913.2 If the Settlor's Wife and the Settlor die under such circumstances that it is impossible to determine which survived, it shall be conclusively presumed and this Agreement shall be construed as if the Settlor's Wife had survived the Settlor. 913.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created hereunder, if such distribution may be made in whole or in part to a person who is then a Trustee of such trust, such person may not participate in any way in the decision whether to make such distribution. No Trustee who is under a legal obligation to -14- () support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the Trustee of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no Trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. S 13.4 Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. S 13.5 Except as otherwise may be provided in this Agreement, during the continuance of any of the trusts created hereunder and thereafter until the property is distributed -15- () () to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. ~ 13.6 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. ~ 13.7 Notwithstanding any other provision of this Agreement, upon the expiration of twenty-one (21) years after the death ofthe last survivor of the Settlor's Wife and issue living at the Settlor's death, the trusts created hereunder shall forthwith terminate and the trust property shall be distributed to the beneficiary then entitled to the income of the trust property or, ifthere is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries. ~13.8 This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have it situs in Cumberland County, Pennsylvania. -16- L.u '.;"" IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals and/or caused this instrument to be duly executed on the date and year first written above. WITNESS: SETTLOR: H t{ Aiif' t ~r>-vt_nA(J~. ,~AL) Thomas H. Semmel TRUSTEE: ~~ Ii 1/ .>. ~tJ,~ Thomas H. Semmel (SEAL) , -17- 1 . " () (j ~"..-. ":-'1' --........,,\,~~. THE THOMAS H. SEMMEL REVOCABLE TRUST SCHEDULE A WITNESS: SETTLOR: Thomas H. Semmel (SEAL) TRUSTEE: (SEAL) Thomas H. Semmel -18- .."",y"",., " ,', "ll () () .,~.' . - ;..,~,.... ",., . COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF DAUPHIN On this, the 25th day of May, 1999, before me, a notary public, the undersigned officer, personally appeared THOMAS H. SEMMEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notarial Seal l<lrnbelly ,.,. ClOSIiaY. Notary Public HarrisbUrg, DauPhin County My Commission Expires Jan. 4. 200'. Member Pennsylvanta Association of Notanes -19- Register of Wills of Cumberland County, Pennsylvania INVENTORY . Deceased No. 2104-0330 Date of Death: January 29. 2004 Social Security No. 183-18-0894 Estate of Thomas H. Semmel also known as John T. Semmel and Sally A. Jones. Co-Executors Personal Representative of the above Estate, deceased, verify that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I verify that the statements made in this Inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities. Name of Attorney I.D. No.: Address: Personal Representatiye: Elizabeth P. MullauClh. ESCluire 76397 McNEES WALLACE & NURICK LLC 100 Pine Street. PO Box 11 66 HarrisburQ. PA 17108-1166 (- hn T. se~f Co-Executor Dated: II as- Telephone: 717-237-5243 Sally A. Jones. Co-Executor Dated: Description Value 200 shares Neffs Bancorp Inc. @ $225/share $45.000.00 131.50 Bethlehem Steel Liquidating Trust - distribution .t.-- C.!"'"! Total: $45.131.50 (Attach Additional Sheets if necessary) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. Form RW-7 (Cumberlend County - Rev. 9192) 0'- Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of Thomas H. Semmel also known as . Deceased No. 2104-0330 Date of Death: Januarv 29. 2004 Social Security No.183-18-0894 John T. Semmel and Sallv A. Jones. Co-Executors Personal Representative of the above Estate, deceased, verify that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory, I verify that the statements made in this Inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Name of A ttornev I.D. No.: Address: Personal Representative: Elizabeth P. Muliauqh. Esquire 76397 McNEES WALLACE & NURICK LLC 100 Pine Street. PO Box 11 66 HarrisburQ. PA 17108-1166 John T. Semmel. Co-Executor Dated: Telephone: 717-237-5243 ~ rJJOItt'-ff<4..{ &-4$/".1;;) Sally A.' n . Co-Executor Dated: -.,J-f(J-O.r Description Value 200 shares Neffs Bancorp Inc. @ $225/share $45.000.00 131.50 Bethlehem Steel Liquidating Trust - distribution (.Ii Total: $45,131.50 (Attach Additional Sheets if necessarv) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. Fo,mRW-7(CumbeflendCounty-Rev.91921 BUREAU OF INDIVID~iCr~~ES' INtERITANCE TAX DIVISIDII_-.~ - ,-- PO BOX Z806Dl HARRISBURG PA 171Z8-D601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEKENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSKENT OF TAX Lnos y ~-~ 0 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 05-23-2005 SEMMEL 01-29-2004 21 04-0330 CUMBERLAND 101 CLEe) ORPH":' ELlZABE~~f:f' MULLAUGH MCNEES ETAL PO BOX 1166 HBG PA 17108 *' REV-1547 EX AFP (03-05) THOMAS H A_DUlt Re..itted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ 1l!V-"MI:,."ft.~.m!!.'1I!1.mn'l:!1!.!II!'.!WtIl1:"t'JlFlt!'t.'IW.71Wll71TftMMt'~.'lrCtWJlFlt!'t.1IW'.............. ... DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF SEMMEL THOMAS H FILE NO. 21 04-0330 ACN 101 DATE 05-23-2005 TAX RETURN WAS: (X I ACCEPTED AS FILED I CHANGED I~ an asseSSBent was issued previously, lines 14. 15 and/or 16, 17. 18 and 19 will r~lect ~igures that include the total o~ ALL returns assessed to date. ASSESSMENT OF TAX: 15. A~unt of line 14 at Spousal rate (IS) 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 17. Anount of Line 14 .t Sibling rat. (17) 18. ~ount of Line 14 taxable .t Colleteral/Class Brat. (18) 19. Principel Tax Du. RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Est.t. (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Hortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Misc. Personal Property (Schedule El 6. Jointly Owned Property (Schadule FI 7. Transfers (Schedule Gl 8. Total Assets III (21 131 ('II 151 161 (71 .00 45.000.00 .00 .00 131.50 .00 .00 (81 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/AdM. Costs/Kisc. Expenses (Schedule Hl 10. Debts/Kortgage Liabilities/Liens (Schedule Xl 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax 191 1101 19,423.63 519.55 1111 1121 1131 11'11 NOTE: .00 X .00 X .00 X .00 X TA NUHBER + INTEREST/PEN PAID I-I MOUNT PAID DATE ~ TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE NOTE: To insure proper credit to your account I ~it the upper portion of this forD with your tax PBYllent. 45,131. 50 19.943 lR 25,188.32 25,188.32 .00 00 = 045 = 12 = 15 = .00 .00 .00 .00 .00 1191= .00 .00 .00 .00 . IF PAID AFTER OATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TOTAL OUE IS REFLECTED AS A RCREDITR (CRI, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORK FOR INSTRUCTIONS. I STATUS REPORT UNDER RULE 6.12 Name of Decedent: Thomas H. Semmel Date of Death: January 29. 2004 Cumberland County Admin No.: 2104-0330 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No_ 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No-L b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No X d. Copies of receipts, releases, joinders and approval$ of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. . , '".> . be q. MCNEES WALLACE & NURICK LLC 100 Pine St., PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5243 ("',.,J I... Dat~:: May 31, 2005 I t,r'-:'! (""o.t Capacity: Counsel for Personal Representative uA